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Acceptance in Construction Contracts
Introduction to Construction Law | Lesson 3 Knowledge Check
Words and conduct: communication, prescribed methods, silence and competing forms
Knowledge Check
Acceptance, Conduct and Competing Forms: Test Your Knowledge
This Knowledge Check tests your understanding of Lesson 3: how English law identifies contractual acceptance in construction transactions. It covers final and unqualified assent, the requirement of communication, prescribed methods and execution conditions, silence, electronic messages, acceptance by conduct and the battle of forms.
The questions draw on Wells v Devani [2019] UKSC 4, RTS Flexible Systems Ltd v Molkerei Alois Muller GmbH and Co KG [2010] UKSC 14, Gibson v Manchester City Council [1979] UKHL 6, Schuldenfrei v Hilton (Inspector of Taxes) [1998] STC 404, Entores Ltd v Miles Far East Corporation [1955] EWCA Civ 3 and Tekdata Interconnections Ltd v Amphenol Ltd [2009] EWCA Civ 1209.
This Knowledge Check covers
- Acceptance as final and unqualified assent to the offer
- The requirement that acceptance be communicated
- Silence and uncommunicated intention (Schuldenfrei v Hilton)
- Prescribed methods, signature conditions and waiver by conduct
- Receipt of instantaneous and electronic acceptance (Entores)
- Acceptance by conduct referable to the offer (RTS Flexible Systems)
- Requests for information distinguished from counter-offers (Gibson)
- The battle of forms (Tekdata)
- Course of dealing and its limits
- Words and conduct in the objective assessment (Wells v Devani)
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Legal Disclaimer
This Knowledge Check is provided for educational and professional development purposes only and does not constitute legal advice. The content reflects interpretations and analyses that may not apply to specific circumstances. Contract interpretation depends on specific wording, jurisdiction, and factual context. Always consult qualified legal professionals before making decisions based on this content. SCCSI and its contributors accept no liability for reliance on this material.